Use Categorical Approach For ‘Moral Turpitude,’ BIA Says

Law360, New York (October 12, 2016, 11:18 PM EDT) — The Board of Immigration Appeals on Wednesday ruled that both the categorical approach and the modified categorical approach give the correct framework for figuring out if a conviction counts as a so-called “crime involving moral turpitude,” weighing in on one of the more high-profile cases before the board this year.

The BIA issued its ruling in the case of Cristoval Silva-Trevino, which landed at the board after former Attorney General Eric Holder vacated a decision that had allowed immigration judges to consider evidence outside a petitioner’s…

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